What can I expect with a criminal mischief charge? 4 Answers as of May 13, 2011

I am 24 years old, I was charged with criminal mischief 4th degree, I do not have a criminal record, and this is the first time other than a seat belt ticket that I have been in trouble with the law. I broke my wife’s cell phone screen and she had me arrested thinking I was going to just be out of the house for a couple of days, but not knowing what she was being asked. she said yes have him arrested and now I am facing the above stated charge. I was just wondering what I could expect and if I might end up in jail for this. The judge told me it cares a max of 1 year in prison. She has stated she was going to try to find out how to get the charges dropped but I told her it was fruitless because it’s out of her hands now. Thanks in advance for your advice.

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Law Offices of John Carney
Law Offices of John Carney | John Carney
Since you broke your wife's phone and not a stranger's property and she is not seeking to pursue the charges the DA is likely to allow you to plead guilty to a Disorderly Conduct violation or give you an ACD dismissal. You should retain an experienced criminal attributer in your area. I have lawyers in every city in New York State and can handle this matter. I could most likely have the charge dismissed with restitution. Have your wife take a receipt for a new phone to the DA and tell him she is satisfied and does not need an Order of Protection. Do not tell her to drop the charges or to not appear or cooperate, that is a crime called Tampering with a Witness. Call for a consultation anytime.
Answer Applies to: New York
Replied: 5/13/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You should hire an attorney - hopefully he can obtain an ACOD ( Adjournment in Contemplation of Dismissal ) which means the case is adjourned for 6 months and if you do not get into trouble during that time the case will be dismissed automatically without you having to go to court again.
Answer Applies to: New York
Replied: 5/13/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Unfortunately, you are right. It's almost entirely out of her hands now - except she can call the DA's office and ask to speak to the ADA who is handling the matter and insist that the charge be dropped since she will not appear in court if called by the ADA for trial. Or she may have to go to Court to explain that she no longer wants to proceed further and wants the charges dismissed. It may be worthwhile to hire an attorney to facilitate this process and certainly to represent you. Good luck.
Answer Applies to: New York
Replied: 5/13/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
There is a good chance our office can get the charges dismissed. We can represent you.
Answer Applies to: New York
Replied: 5/13/2011
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